Judge: Lynne M. Hobbs, Case: 20STCV28572, Date: 2023-10-25 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 20STCV28572    Hearing Date: October 25, 2023    Dept: 30

LANORA WELLS, et al. vs DANIEL AUNER

Motion for Leave to Depose Defendant in Prison

TENTATIVE

Motion for Leave to Depose Defendant Auner in Prison is GRANTED.  Moving party to give notice.

DISCUSSION

Plaintiff argues that the deposition of Defendant Auner is necessary. Defendant Auner has been incarcerated in North Kern State Prison since July 6, 2023, stemming from the vehicle accident which resulted in the death of Ashely Wells. Plaintiff seeks to depose Defendant to inquire about the “speeds, names, streets, and any and all activities that led up to the violent crash that occurred on the date of the incident.” (Motion 5: 8-11.) Plaintiff argues that Defendant is the only person with knowledge of the incident. Defendant’s prison sentence is not scheduled to end until 2036, and therefore, the only way to obtain his testimony is for the court to grant leave to do so.

The Court finds that the deposition of Defendant Auner is appropriate. Under Penal Code § 2623, the testimony of a prisoner can be taken in a civil action by either the court itself or a judge of the superior court where the matter is pending. Additionally, Penal Code § 2623 states that this order can “only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness and its materiality.”

Here, the motion and the Declaration of Kenneth Shy indicate that Defendant’s testimony will provide information about the circumstances of the incident, such as what the parties were doing prior to the incident, while driving, and what occurred after the accident. The Court finds this sufficient to have the Defendant provide testimony. Thus, the Court finds that Defendant Auner’s testimony is to be taken pursuant to Penal Code § 2622.

No opposition was filed to this regularly noticed motion.